ORDINANCE NO. 2007-157

AN ORDINANCE OF MADISON COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE PLAN MAP OF THE MADISON COUNTY COMPREHENSIVE PLAN, AS AIVIENDED; RELATING TO AN AMENDMENT OF TEN OR LESS ACRES OF LAND, PURSUANT TO AN APPLICATION, CPA 07-3, BY THE PROPERTY OWNER OF SAID ACREAGE, UNDER THE AMENDMENT PROCEDURES ESTABLISHED IN SECTIONS 163 .3161 THROUGH 163.3215, FLORIDA STATUTES, AS AMENDED; PROVIDING FOR CHANGING THE LAND USE CLASSIFICATION FROM RESIDENTLAL-1 (LESS THAN OR EQUAL TO 2 DWELLING UNITS PER ACRE) TO COMMERCIAL OF CERTAIN LANDS WITHIN THE UNINCORPORATED AREA OF MADISON COUNTY, FLORIDA; PROVIDING SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE

WHEREAS, Section 125.01, Florida Statutes, as amended, empowers the Board of County Commissioners of Madison County, Florida, hereinafter referred to as the Board of County Commissioners, to prepare, adopt and implement a comprehensive plan;

WHEREAS, Sections 163.3161 through 163 .321 5, Florida Statutes, as amended, the Local Government Comprehensive Planning and Land Development Regulation Act, empowers and requires the Board of County Commissioners to prepare, adopt and implement a comprehensive plan;

WHEREAS, an application for an amendment, as described below, has been filed with the County;

WHEREAS, the Planning and Zoning Board of Madison County, Florida, hereinafter referred to as the Planning and Zoning Board, has been designated as the Local Planning Agency of Madison County, Florida, hereinafter referred to as the Local Planning Agency;

WHEREAS, pursuant to Section 163.3174, Florida Statutes, as amended, and the Land Development Code, hereinafter referred to as the Land Development Code, the Planning and Zoning Board, serving also as the Local Planning Agency, held the required public hearing, with public notice having been provided, on said application for an amendment, as described below, and at said public hearing, the Planning and Zoning Board, serving also as the Local Planning Agency, reviewed and considered all comments received during said public hearing and the Concurrency Management Assessment concerning said application for an amendment, as described below, and recommended to the Board of County Commissioners approval of said application for an amendment, as described below;

WHEREAS, the Board of County Commissioners held a public hearing, with public notice having been provided, pursuant to the procedures established in Sections 163.3161 to 163.3215, Florida Statutes, as amended, on said application for an amendment, as described below, and at said public hearing, the Board of County Commissioners reviewed and considered all comments received during the public hearing, including the recommendation of the Planning and Zoning Board, sewing also as the Local Planning Agency, and the Concurrency Management Assessment concerning said application for an amendment, as described below;

Page 1 of 3 WHEREAS, the Board of County Commissioners has determined and found said application for an amendment, as described below, to be compatible with the Land Use Element objectives and policies, and those of other affected elements of the Comprehensive Plan;

WI-IER.EAS, the Board of County Commissioners has determined and found that approval of said application for an amendment, as described below, would promote the public health, safety, morals, order, comfort, convenience, appearance, prosperity or general welfare.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MADISON COUNTY, FLORIDA, AS FOLLOWS:

Section 1. Pursuant to an application, CPA 07-3, by Joyce G. Wells, to amend the Future Land Use Plan Map of the Comprehensive Plan by changing the land use classification of certain lands, the land use classification is hereby changed from R.ESlDENTIAL—l (less than or equal to 2 dwelling units per acre) to COMMERCIAL on the property described, as follows:

A parcel of land lying within Section 23, Township 1 North, Range 9 East, Madison County Florida. Being more particularly described, as follows: Commence at the Southwest comer of Lot 12, Meadow Run Subdivision, as recorded in the Public Records of Madison County, Florida; thence South 89°50'30" East, along the South boundary of said Meadow Run Subdivision 180.08 feet; thence South 00°06'08" West 618.39 feet to the North right-of-way line of U.S. Highway 90 (State Road 10); thence North 89°54'59" West, along the North right-of-way line of said U.S. Highway 90 (State Road 10), a distance of 188.74 feet to the East right-of-way line of Yellow Pines Avenue; thence North 00°01'02" West, along the East right-of—way line of said Yellow Pines Avenue 430.76 feet; thence South 89°08'53" East 10.00 feet; thence North 00°02'04" West 188.01 feet to the Point of Beginning.

Containing 2.65 acres, more or less.

Section 2. Severability. Ifany provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect.

Section 3. Conflict. All ordinances or portions of ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict.

Section 4. Effective Date. Pursuant to Section 125.66, Florida Statutes, a certified copy of this ordinance shall be filed with the Florida Department of State by the Clerk of the Board of County Commissioners within ten (10) days after enactment by the Board of County Commissioners. This ordinance shall become effective upon filing of the ordinance with the Department of State.

Page 2 of 3 The effective date of this plan amendment shall be thirty-one (31) days following the date of adoption of this plan amendment. However, if any affected person files a petition with the Florida Division of Administrative Hearings pursuant to Section 120.57, Florida Statutes, as amended, to request a hearing to challenge the compliance of this plan amendment with Sections 163.3161 through 163.3215, Florida Statutes, as amended, within thirty-one (31) days following the date of adoption of this plan amendment, this plan amendment shall not become effective until the Florida Department of Community Affairs or the Florida Administration Commission, respectively, issues a final order determining this plan amendment is in compliance. No development orders, development permits or land uses dependent on this plan amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued, this plan amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Bureau of Local Planning, 2555 Shummard Oak Boulevard, Tallahassee, Florida 32399-2100.

Section 5. Authority. This ordinance is adopted pursuant to the authority granted by Section 125.01, Florida Statutes, as amended, and Sections 163.3161 through 163.3215, Florida Statutes, as amended.

PASSED AND DULY ADOPTED, in regular session, with a quorum present and voting, by the Board of County Commissioners this 2. day of Iilkgn,/ 2007.

BOARD OF COUN Y CO1‘/[MISSIONERS OF Attest: MADISON COUNTY, FLORIDA

Ti ers, Coulis/clerk Roy Ellis,”Chairman \\\\\

‘ ’-\\\\\\\\x\\\\

Page 3 of 3 mummma North Central Florida Regional Planning Council EDGE NVV S7 PLACE, SUITE A, GAINESVILLE, FLORIDA 32553-1 E03 [3SE]S55-EEOC SUNCDA/| 5aS.a2oD FAX [352] 955-2209

April 24, 2007

Mr. Allen Cherry County Coordinator Madison County 1 229 Southwest Suite 219 ’ Pinckney Street, _ /, / ‘ Madison, FL 32340

RE: Application No. CPA 07-3 (Wells)

Ordinance Concerning an Amendment to the Future Land Use Plan Map of the Comprehensive Plan

Dear Allen:

Please find enclosed the above referenced ordinance.

The County Attorney should review the ordinance as to legal form and sufficiency.

Subsequent to adoption of the ordinance, please send a copy of the signed ordinance to me.

Ifyou have any questions concerning this matter, please do not hesitate to contact Brandon Howes, Associate Planner, of the Planning Council’s Regional and Local Government Program staff at (352) 955-2200, ext. 123. Sincerely,Egg” Scott R. Koons, AICP Director of Regional and Local Government Programs

Enclosure

SRK/W

XCZ Jeanne Bass, County Planner Tommy Reeves, County Attorney

C:\Public\2007\Madison Counly\CPA 07-3\CPA07-3_ORD.wpd 5,,,in,"Th Oaig/14-41Flow!/‘ The Madison Enterprise Recorder, published every Friday in the City of Madison, County of Madison and State of Florida AFFIDAVIT OF PUBLICATION

Before me, the undersigned authority personally appeared, SUSAN GRIMES, who on oath says that she is a Legal Ads Manager for The Madison Enterprise Recorder, 21 Weekly newspaper, published in Madison, Madison County, Florida; that the attached copy of the advertisement being a notice to appear in re:

«— v - ' NOTICE OF ENACTMENT OF ORDINANCES 1., BYTHE BOARD OF COUNTY COMJVIISSIONERS OF I MADISON COUNTY, FLORIDA

Was published in said newspaper in the is

Affiant further says that the said The Madis newspaper published at Madison, in Madison Coun newspaper has heretofore been continuously publisl Florida, each week and has been entered as second office in Madison, in said Madison County, Florida, preceding the first publication of the attached copy further says that she has neither paid nor pror corporation any discount, rebate, commission or securing this advertisement for publication in the saic

sr.vERAB1LI- RATED-AREAor UNTY,FLORIDA; PROVIDING . MADISON _ AN . rv1- m«:1>aA1;n~:c A'LLio_1zD cns IN CONFLICT;AND‘rnovmmc EF7 Sworn to and subscribed before me on the ‘ _ 12"EE:T1v'EDA_’[E" A.D. 2007 FUTURE 2 AN ORDINANCE or i_v(ADrsoN'coUN'1'_,Y,rLo1;mA, ANIENDINGTHE LAND use PLAN MAP OFMADISON COUNTYCOIVIPREEENSIVEPLAN: As AMENDED; RELATING TO AN A1vmND1vn2Nr or TEN on Lass Acizns or LAND, PURSUANTTO AN APPLICATION,CPA 074, BY THE PROPERTY‘-OWN PROCEDURES, ER or SAID ACREAG ssLassNaMENDMENT STAB- ’ ran, 3.’§215,_FLORIDA STATUTES, As AMENDED; ‘ LAND use CLASSIFICATION 1>Ro_v1D__ ‘cnANc1N_c171n2 _V mom nEsrDnN1:1AL-1‘(Lnss,'mAN,oREQUAL T0 2.DwELL1NG UNITS -ran ACRE)’ :ro,co1vnvIEkcIAL‘oF cEi1rA1NaI;ANn WITHIN, UN1NC9RP0- RATED AREAOF ‘ isoN coUN1;Y,rLomD nov1D1NG sEvEnAi;1L1- AND AN 1-Y; REp1.;A1;1Nc,u, nD_mAN, sv coNrLIc PROVIDING Dr.

hear: ‘ ‘ one or more future ts.’ The public V V Anyinwrestpdpar- the cbnfinlmfion 0‘ “'9 5”" ty shall be advised that date, time , dplace of any. P“‘’'}° that no further notice con- ings shall he announced duriii ‘the public hearingsand ‘ - . ss|7f , s ; cerning the matters willbe puhhs p

p All persons are adyised that, iitheydecide to appeal any deci n made at the public the for such they ss^ahearings, they will ‘need a recordot proceedings and, purpose, Ififiy is 1'¢°°|‘d ‘ need to ensure that a verbatim record of the proceedings m4i_d8s‘_YV}|i¢h th N 1 duds the testimony and evidence uppnjrlghich 7appe'al’is_to,b_ebasedi‘ wfl=_s.cm..

FLORIDA COUNTY ORDINANCE DATA RETRIEVAL SYSTEM (CODRS) CODING FORM

Instructions: Florida’s Department of State, Bureau of Adminis1rative Code has developed the County Ordinance Data Retrieval System (CODRS) to facilitate the tracking of County ordinances in Florida’s 67 Counties. CODRS’ database is composed of over 25,000 county ordinances enacted since 1974. We request your cooperation in completing this coding form. It is to be completed Whenever your county enacts a new ordinance. Simply complete this form and include it with other pertinent ordinance information that is submitted to the Bureau of Administrative Code.

To code this form properly, please refer to the “keyfields” description sheet that has been given to your County Attomey’s Office. If you do not have this sheet please contact the Bureau. We Will be happy to fax one to you for referencing purposes. Please fill out this form as completely as is possible.

Thank you for your assistance. Should you need further assistance please contact the Bureau of Administrative Code, Deparfinent of State at (850)245-6270 or Suncom 205-6270.

COUNTY: (___Ma_d_i_§gn______) COUNTY ORDINANCE # (_29g7 __-_ i5_7 ___ J (e.g,, 00-001) PRIMARY KEYFIELD DESCRIPTOR: (_ EQHLPIEESBEi_"_e_§£a_n3=_'u:s______J

SECONDARY KEYFIELD . _ D'ESCRIPT0R= (___L_a_n§ _U_s:=-_E_l_a22i_n_z______‘ ______-J OTHER KEYFIELD

ssV DESCRIPTOR: (______J ORDINANCE DESCRIPTION: (_C:1arLg_i2a _L§r_1

AlV1ENDMIENT#1:(______) AMENDN[ENT#2:(______)

ORDINANCES REPEALED: (List below the ordinances that are repealed by this legislation.) REPEAL#1:(______) REPEAL#3:(______) REPEAL#2:(______) REPEAL#4:(______) (Others repealed: List all that apply):

(FOR OFFICE’ USE ONLY): ' COUNTY CODE NUMBER: (______J

0

‘ KEYFIELD 1 CODE: (______J KEYFIELD 2 CODE: (______) KEYFIELD 3 CODE: (______J Rev. 4/10/01 WE i=LoR1DADEPARTMENT of STATE CHARLIE CRIST STATE LIBRARY AND ARCHIVES OF FLORIDA KURT S. BROWNING Governor Secretary of State

May 10, 2007

Honorable Tim Sanders Clerk, Board of County Commissioners Madison County 125 Southwest Range Avenue Post Office Box 237 Madison, Florida 32341-0237

Dear Mr. Sanders:

Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated May 8, 2007 and certified copies of Madison County Ordinance Nos. 2007-157 and 2007- 158, which were filed in this office on May 10, 2007.

Sincerely,

“N46”e Liz Cloud Program Administrator

LC/lbh

DIRECTOR’S OFFICE R.A. Gray Building a 500 South Bronough Street - Tallahassee, Florida 32399-0250 850.245.6600 - FAX: 850.245.6735 - TDD: 850.922.4085 - http://dIis.d0s.state.fl.us

COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCPHVES OF FLORIDA 850.245.6600 - FAX: 850.245.6643 850.245.6600 - FAX: 850.245.6744 850.245.6700 0 FAX: 850.488.4894

LEGISLATIVE LIBRARY SERVICE RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 850.488.2312 - FAX: 850.488.9879 850.245.6750 0 FAX: 850.245.5795 850.245.6270 u FAX: 850.245.6282 ‘_m,.M.‘m_,..

125 SW Range Avenue

. P.0. Box 237 T1m Sanders Madison, Florida 32341-0237 Clerk the Circuit of Court Telephone 850-973-1500 Madison County, Florida Fax 850-973-2059

May 8, 2007

Ms. Liz Cloud, Program Administrator R.A. Gray Building 500 South Bronough Street, Room 101 Tallahassee, Florida 32399-0250

Dear Ms. Cloud:

Enclosed herewith please find the following in reference to Madison County Ordinances 2007-157 and 2007-158 which were approved on May 2, 2007.

(1.) Certified Copy of Ordinance (2.) Publisher’s Affidavit (3.) Florida County Ordinance Date Retrieval System Form

If further information is necessary, please contact this office.

Sincerely,

Tim anders, erk Board of County Commissioners Madison County, Florida

TS/pnl

Clerk of the County Court - Clerk to the Board of County Commissioners - County Recorder - Custodian of County Funds